I have an approved I-140, but was recently laid off. What are my immigrations options with my new employer?
Similar to an employee with an approved labor certification, an employee with an approved I-140 petition may file for an H-1B extension beyond the standard six year limit. AC-21 § 106(a). In addition, an employee with an approved I-140 petition can have their H-1B extension approved for a period of three years, rather than the one year extension limited to those employees who only have a labor certification which has been pending for over one year. AC-21 § 104(c). In order to qualify for a post-sixth year extension using an approved EB-1, EB-2 or EB-3 employment based petition, the employee must not have the ability to adjust their status due to an unavailability of immigrant visas based on per country limits. Id. See also, Memorandum from Donald Neufeld, Acting Associate Director, Domestic Operations, dated May 30, 2008 (HQ 70/6.2). For example, employees who are nationals of India and China with an approved EB-2 preference, as well as, all nationals with an approved EB-3 preference,
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- I have an approved labor certification, but was recently laid off. What are my immigration options with my new employer?
